
2023 No. 42 (W. 5)
Landlord And Tenant, Wales
The Agricultural Holdings (Units of Production) (Wales) Order 2023
Made 17 January 2023
Laid before Senedd Cymru 19 January 2023
Coming into force 10 February 2023
The Welsh Ministers, in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986 and now vested in them make the following Order.
Title, application, commencement and interpretation
1 

(1) The title of this Order is the Agricultural Holdings (Units of Production) (Wales) Order 2023, it applies in relation to Wales and comes into force on 10 February 2023.
(2) In this Order—
 “designated maps” (“mapiau dynodedig”) means the two volumes of maps numbered 1 and 2; each volume being marked “Volume of maps of less favoured farming areas in Wales” and with the number of the volume dated 20 May 1991 and signed by the Secretary of State for Wales and deposited at the offices of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ;
 “disadvantaged land” (“tir dan anfantais”) (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the designated maps;
 “eligible hectare” (“hectar cymwys”) has the same meaning as in Article 32(2) of Regulation 1307/2013;
 “less favoured area” (“ardal lai ffafriol”) means any area of disadvantaged land or severely disadvantaged land;
 “Regulation 1307/2013” (“Rheoliad 1307/2013”) means Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy;
 “severely disadvantaged land” (“tir dan anfantais ddifrifol”) means any area of land shown coloured pink on the designated maps.
Assessment of the productive capacity of land
2 

(1) Paragraphs (2), (3) and (4) have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in Wales, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of paragraph 3(1) of Schedule 6 to the Agricultural Holdings Act 1986.
(2) Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, farm arable crop, outdoor horticultural crop or fruit as mentioned in any of the entries 1 to 3 in column 1 of the Schedule to this Order, then—
(a) the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in column 2,
(b) the amount determined for the period of 12 months, beginning with 12 September 2021, as the net annual income from that unit of production in that period is the amount in the corresponding entry in column 3, and
(c) the amount determined for the period of 12 months, beginning with 12 September 2022, as the net annual income from that unit of production in that period is the amount in the corresponding entry in column 4.
(3) Where land capable, when farmed under competent management, of producing a net annual income was an eligible hectare in 2020 in accordance with entry 4 in column 1 of the Schedule to this Order, then—
(a) the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in column 2, and
(b) the amount determined for the period of 12 months, beginning with 12 September 2021, as the net annual income from that unit of production in that period is the amount in the corresponding entry in column 3.
(4) Where land capable, when farmed under competent management, of producing a net annual income was an eligible hectare in 2021 in accordance with entry 4 in column 1 of the Schedule to this Order, then—
(a) the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in column 2, and
(b) the amount determined for the period of 12 months, beginning with 12 September 2022, as the net annual income from that unit of production in that period is the amount in the corresponding entry in column 4.
Lesley Griffiths
Minister for Rural Affairs, North Wales and Trefnydd, one of the Welsh Ministers
17 January 2023
SCHEDULE
Prescribed units of production and determination of net annual income
Article 2


column 1 column 2 column 3 column 4
Farming use Unit of production Net annual income from unit of production (£) for the period of 12 months beginning with 12 September 2021 Net annual income from unit of production (£) for the period of 12 months beginning with 12 September 2022
1. Livestock
Dairy cows cow 641 813
Beef breeding cows: on land in a less favoured area cow -144 -106
on other land cow -264 -156
Beef fattening cattle (semi-intensive) head -149 -18(1)
Dairy replacements head 90 99(1)
Ewes: on land in a less favoured area ewe -20 -12
on other land ewe 3 23
Store lambs (including ewe lambs sold as shearlings) head 5 9
Pigs: sows and gilts in pig sow or gilt 244 269
porker head 8 9.1
cutter head 10.8 12.1
bacon head 12.7 14.5
Poultry: laying hens bird 4.3 4.2
broilers bird 0.3 0.3
point-of-lay pullets bird 0.8 0.8
Christmas turkeys bird 10.5 12.5
2. Farm arable crops
Barley hectare 145 397
Beans hectare 7 135
Oilseed rape hectare 250 294
Dried peas hectare -20 -50
Potatoes: first early hectare 3,190 3,460
maincrop (including seed) hectare 2,410 2,410
Sugar beet hectare 160 460
Wheat hectare 370 480
3. Outdoor horticultural crops and fruit
Orchard fruit hectare 3,090 3,460
Soft fruit hectare 14,720 15,460
4. Eligible hectares
Land which was in 2020 (see column 3) or in 2021 (see column 4), an eligible hectare for the purposes of Regulation 1307/2013 severely disadvantaged land hectare 132.70 114.98
disadvantaged land hectare 131.19 114.96
all other land hectare 33.46 79.06
